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Sato & Co., LLC v. S & M Produce

United States District Court, Northern District of Illinois


September 17, 2010

SATO & CO., LLC
v.
S & M PRODUCE, INC.

Name of Assigned Judge Sitting Judge if Other or Magistrate Judge

Robert Dow, Jr than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT

In its August 16, 2010 memorandum opinion and order [221], the Court directed each of the claimants in this action to submit by September 1 a short document with its calculation of the interest due in connection with the proposed entry of judgment against the corporate Defendant, S&M Produce, Inc. S&M was given until September 7 to lodge any objections to the claimants' proposed interest calculations. All but one claimant timely submitted the requested documentation, and no objections have been raised. Accordingly, the Court will incorporate into the preliminary claim chart the claimants' interest calculations and enter judgment in favor of each claimant and against Defendant S&M Produce, Inc. in the amounts listed in the "Total Claim Allowed" column of the final claim chart appended to this order. This order disposes of all claims of all parties to this litigation against Defendant S&M Produce, Inc. and thus is a final judgment as to the claims against that Defendant. Because the Court further finds that there is no just reason to delay enforcement or appeal of this order, the Court enters judgment under Federal Rule of Civil Procedure 54(b). The Court also notes the filing of a stipulation for dismissal [224] by Intervening Plaintiffs Coosemans Chicago, Inc., JAB Produce, Inc., and Jack Tuchten Wholesale Produce, Inc. on the one hand and Defendant Donald J. Mided on the other hand. In view of that stipulation of dismissal, all claims by those three Intervening Plaintiffs against Defendant Mided are dismissed with prejudice. All other claims against both individual Defendants, Donald Mided and Lance Mided, remain pending. The claims against Defendant Lance Mided are stayed in view of his bankruptcy filing [see 222]. This matter is set for further status on 10/15/2010 at 9:30 a.m.

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Initials:

Sato & Co., LLC v. S & M Produce, Inc.

Case No. 08-cv-7352 Total Allowable Claims

Claimant Principal Contract Statutory Atty. Fees USDA Disallowed Total

Amt. of Interest Interest and Costs Filing Portion of Claim Debt Allowed Fee per Principal Allowed

Federal

Law

Pride of San 59,014.13 --- 5,530.87 --- --- --- $6,4545.00 Juan, Inc.

Classic 37,354 15,673.58 --- 6,386.69 --- 10,053.24 $49,361.03 Salads, LLC Dayoub 17,864.66 9,813.28 --- 3,054.46 --- 3,875 $26,857.40 Marketing, Inc.

Fru-Veg 12,007.80 --- 138.04 --- $500 --- $12,645.84 Marketing, Inc.

Lakeside 15,753 --- 1,740.18 --- $100 --- $17,593.18 Produce, Inc.

Natural 9,440.30 3,576.65 --- 1,614.08 --- 1,725 $12,906.03 Forest, Inc.

Ruby 1,844 649.30 --- 315.28 --- 500 $2,308.58 Robinson Co., Inc.

The Kinoko 6,529 2,378.94 --- 1,116.31 --- 1,175 $8,849.25 Company

The 883.50 306.30 --- 151.06 --- 200 $1,140.86 Mandolini Company, Inc.

Seashore 4,262.25 --- 550.85 728.75 --- 500 $5,041.85 West, Inc.

Sato & Co., 59, 915.75 --- 5,799.49 8,716.86 --- --- $74,432.10 LLC The Garlic 23,292.50 7,623.49 --- 3,388.23 --- --- $34,304.22 Company Champ 61,773.05 --- 5,900.94 --- --- 1,576.83 $66,097.16 Produce, Inc.

Royal Rose, 26,024.80 8,905.56 --- 3,786.26 --- --- $38,716.62

LLC World Wide 4,167.50 2,509.43 --- --- --- 3,030 $3,646.93

Produce Natural 8,041.85 --- 1,039.04 --- --- 1,600 $7,480.89 Selection Foods, LLC California 10,019 --- 847.64 --- --- 2,000 $8,866.64 Specialty Produce, Inc.

California 24,598 --- 2,111.14 --- --- --- $26,709.14

Citrus Specialties, Inc.

Northern 29,351 9,450.27 --- --- --- --- $38,801.27 Pine, Inc.

Van 3,264 1,262.08 --- --- --- 1,109.27 $3,416.81 Solkema Produce, Inc.

Alamax, Inc. 1,621.64 --- 138.54 --- --- 550.57 $1,209.61 d/b/a Nature's Best Garden Dietz & 657.50 194.47 --- --- --- 224.28 $627.69 Kolodenko Co.

Alpine 15,101.75 --- 1,478.35 --- --- --- $16,580.10 Foragers Exchange, Inc.

JAB 2,253.50 107.20 --- 305.18 --- --- $2,665.88 Produce, Inc.

Jack 1,203 56.06 --- 162.90 --- 474.50 $947.46 Tuchten Wholesale Produce, Inc.

Fresh King 13,599 4,229.93 --- --- --- 2,700 $15,128.93 Inc.

Coosemans 4,186.75 154.79 --- 746.92 --- --- $5,088.46 Chicago, Inc.

Pearson 17,012.45 --- --- --- --- 9,164.50 $7,847.95 Food Corp.

20100917

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